56 Associates Ex Rel. Paolino v. Frieband
District Court, D. Rhode Island
1Opinion of the Court
MEMORANDUM AND ORDER
TORRES, Chief Judge.
Introduction
Providence Washington Insurance Company (ProvWash) brought this subrogation action in the name of its insured, 56 Associates (Associates), for fire damage to Associates’ building allegedly caused by Andrew Frieband, Associates’ tenant. The action was commenced in state court; but Frieband removed it to this Court.
Frieband moved for summary judgment on the ground that, under the so-called “Sutton doctrine” a building owner’s fire insurer may not recover from a tenant for fire damage to the building allegedly caused by the tenant’s negligence…
2Cases cited28 opinions
- United States v. Plat 20, Lot 17Court of Appeals for the First Circuit · 1992
- Sutton v. JondahlCourt of Civil Appeals of Oklahoma · 1975
- Bi-Rite Enterprises, Inc. v. Bruce Miner Company, Inc.Court of Appeals for the First Circuit · 1985
- Malo v. Aetna Casualty & Surety Co.Supreme Court of Rhode Island · 1983
- Alaska Insurance Co. v. RCA Alaska Communications, Inc.Alaska Supreme Court · 1981
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3Cited by13 opinions
- Seaco Insurance v. BarbosaMassachusetts Supreme Judicial Court · 2002
- Union Mutual Fire Insurance v. JoergSupreme Court of Vermont · 2003
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- Rausch v. Allstate InsuranceCourt of Appeals of Maryland · 2005
- Tri-Par Investments, L.L.C. v. SousaNebraska Supreme Court · 2004
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